BIRO v. GEISER

No. I-46.

193 So.2d 51 (1966)

Emil BIRO, Appellant, v. Walter G. GEISER and Louis Kottle, As Co-Executors of the Estate of Charles Geiser, Deceased, Appellees.

District Court of Appeal of Florida. First District.

December 22, 1966.


Attorney(s) appearing for the Case

Paul R. Stern, Daytona Beach, for appellant.

Thomas T. Cobb, of Black, Cobb, Cole, Crotty & Sigerson, Daytona Beach, for appellees.


PER CURIAM.

The question which confronts us on this appeal is whether the trial court erred in entering a summary judgment in defendant-appellees' favor.

Our Supreme Court in a recent decision, Holl v. Talcott, 191 So.2d 40 (Fla. 1966) has reiterated the rule to be followed in a summary judgment proceeding. It is stated there that the moving party has the burden of conclusively proving that there does not exist genuine issues...

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